DECLARATION OF EMERGENCY PURSUANT TO SECTION 564 OF THE FEDERAL FOOD, DRUG AND COSMETIC ACT, 21 U.S.C. 360bbb-3(b)

On September 23, 2008, the Secretary of the Department of Homeland Security determined that there is a significant potential for a domestic emergency, involving a heightened risk of attack with a specified biological, chemical, radiological, or nuclear agent or agents--in this case, Bacillus anthracis.   Pursuant to section 564(b) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §360bbb-3(b), and on the basis of such determination, I hereby declare an emergency justifying the authorization of the emergency use of doxycycline hyclate tablets accompanied by emergency use information subject to the terms of any authorization issued under 21 U.S.C. §360bbb-3(a).                                                                       

/s/      

Michael O. Leavitt

Secretary

Date:  October 1, 2008